| MATTER OF TYLAR G. AND SETH G. |
| Motion No: CAF 11-00763 |
| Slip Opinion No: 2011 NY Slip Op 73238(U) |
| Decided on May 17, 2011 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
APPELLATE DIVISION DOCKET NO. CAF 11-00763
DOCKET NOS. B-19296-09, B-19297-09
| MATTER OF TYLAR G. AND SETH G. ERIE COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; JESSICA B., RESPONDENT-APPELLANT. |
The attorney for the children having moved to dismiss the appeal taken herein from an order of the Family Court, Erie County, entered in the Office of the Clerk of said Court on January 5, 2011, on the ground that respondent-appellant has failed to perfect the appeal timely,
Now, upon reading and filing the affirmation of Charles D. Halvorsen, Esq., dated April 6, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed January 7, 2011, shall be treated as valid as to the order of Family Court entered January 5, 2011, under Family Court Docket Nos. B-19296-09 and B-19297-09, and
It is further ORDERED that the motion is granted and the appeal is dismissed.
Entered: May 17, 2011
PATRICIA L. MORGAN, Clerk